Pittsfield Charter Twp, Michigan

REGULAR MEETING September 17, 2003 6:30 P.M. _____________________________________________________________________________

PITTSFIELD TOWNSHIP ZONING BOARD OF APPEALS MINUTES ______________________________________________________________________________ Members Present: Robert Grosshans, Edward Resha, Ishwar Naik and Alayna Stagg (arrived at 6:50 p.m.)

Members Absent: Kenneth Brostrom

Others Present: Steve Litz, Chris Lapinski, Hanna Kandah, Rahul Naik, Fred Goldberg, Chuck Loomis, Brad and Cheryl Auerbach, Zoning Administrator Mark Spencer and Marge Burkheiser, Recording Secretary

1.0 Call Meeting to Order/Determination of a Quorum

Chairperson Naik offered the applicants an opportunity to postpone their application until the next scheduled meeting. He explained the ramifications of having only three members present.

Both Mr. Goldberg (ZBA 03-01) and Mr. Kandah (ZBA 03-07) agreed to proceed with the meeting.

Chairperson Naik called the meeting to order at 6:40 p.m. A quorum was present.

2.0 Approval of Agenda

All members agreed to accept the agenda, as presented.

3.0 Communications and Announcements

None.

4.0 Items from the Floor

None.

5.0 Old Business

5.1 ZBA 03-01 Rogvoy Architects (Oak Valley Centre) [submitted for sign variance of the setback]

Administrator Spencer said the proposed sign is painted bronze and aluminum, with white letters, which conforms to the other signs. As Zoning Administrator, he would permit this as a directional sign. He added that the present issue before the Board is whether or not to grant a variance for placing the existing sign in a specific location. Mr. Goldberg asked if it would be necessary for them to withdraw the original variance request.

Administrator Spencer said he could approve the newly proposed sign.

1. Goldberg said the sign will be on the west side of Ann Arbor-Saline Road. There is a long-standing entrance to the shopping center, just past the wetlands and the expressway.

2. Goldberg said he would be willing to withdraw the request for variance.

Chairperson Naik suggested that there be an Oak Valley logo.

1. Goldberg said that this was a good suggestion, but they wanted only an enter sign, not an advertisement.

Administrator Spencer said that the original submittal was less desirable.

1. Goldberg stated that with the approval of the proposed sign to be placed on Ann Arbor Saline Road, he is withdrawing his request for the variance.

Chairperson Naik accepted the withdrawal of the variance request.

No motion needed.

6.0 New Business

6.1 ZBA 03-07 Hanna Kandah [submitted for a variance to the private road standards in order to receive a building permit]

Hanna Kandah, applicant, stated he owns a parcel of land on South Green Hill Drive. He asked the Board to approve a variance for a permit to build a house. He continued and said that the property is on a private dirt road, and according to ordinance 56, all private roads have to be a class B road. It is not a class B road. He stated the house will not have any effect on the traffic in the area.

Administrator Spencer reviewed his letter to Mr. Kandah, explaining the history of the area and the private road.

Member Grosshans asked about the width of Green Hills Road.

Administrator Spencer said Green Hills was built to the 32 foot standard in the Timberview subdivision and that the travel lanes were 24 feet wide. He explained photos taken in the area to the members. Clarification was provided that Green Hills Road, in the Timberview subdivision, was a Class B road, while the private road south of it is less than the Class B standard. Administrator Spencer said there are currently nine homes on the private drive, with a possible 15 homes.

Steve Litz, acting president of the Timberview Acres Subdivision Association, asked when the last building permit was issued for this private road.

Zoning Administrator Spencer replied during the mid 1990’s.

1. Litz asked if this was after the Township adopted the Class B road standards.

Administrator Spencer said this was correct.

Member Grosshans asked what would need to be done to make South Green Hills a Class B Road.

Administrator Spencer offered that one approach is to completely rebuild the road, and another possibility is to present a plan to the Township showing what they will do to make the base in the road comply with the Township ordinance. This requires 8 inches of gravel and a 32 foot width, along with facilities for drainage. He felt the Township could look at ways to improve the road without a full review, since this is an existing road. He also suggested cooperation with the Draining Commissioner's office.

Member Grosshans asked if there is a turn around at the end of the road for fire equipment.

Administrator Spencer said there is a tee type intersection at lot L, as well as an easement for a turnaround on lot N and the back part of lot K.

1. Kandah claimed that having a house on his lot would not affect where the fire trucks would go. He mentioned that the Association is proposing to spend $25,000 to upgrade the road. He is asking to be treated the same as the other two houses. He stated he did not see an adverse effect on the road.

Chairperson Naik asked Mr. Litz how many lots are in the subdivision.

1. Litz responded that there are 21 lots in the subdivision. He stated that the part of the road that turns into the private drive is not part of the subdivision, but is part of the same road maintenance agreement. He said the agreement is to be administered on a per acre basis for the entire development and the subdivision is meant to maintain the original status of the road. He said the association cannot collect funds to upgrade it to a Class B road, but can acquire funds to maintain the road. He said the south portion of the road has deteriorated and there are plans to restore this section to its original condition. However, there is no record of the standard to which the road was built. Chairperson Naik asked if this could this be handled by a special assessment.

Administrator Spencer said this could be done, but it would involve consent from a majority of the property owners.

Chairperson Naik explained that this would be added to taxes.

1. Litz stated the people in the subdivision are not willing to contribute funds to improve any roads outside the subdivision.

Administrator Spencer mentioned that the people to the north do not have to be a part of the special assessment district that only improves the part to the south.

Member Resha, who lives on a dirt road, understood that 51% of the homeowners have to agree in order to get the special assessment district. Otherwise, you have to fund the building yourself. He explained that special assessment means you are taxed based on the frontage of your property on the road.

Chairperson Naik asked Mr. Kandah if he would vote for an assessment for the road.

1. Kandah said it would be to his advantage.

2. Litz asked if the special assessment would assess what is needed, including cul-de-sacs, engineering, and ditches, and if the township would manage this process.

All answered yes.

Administrator Spencer suggested the Board could grant a variance for the road to remain sub-standard at some level, or they could ask the Township Board to accept the design and construction as is.

1. Litz consulted with Atwell-Hicks and they offered recommendations to improve the road. He said the average width of the road is 20 feet, but there is no record of what the base is. He said they were prepared to do repair work at the Koch-Warner drain. They were going to lay fabric down and build up 10 inches of limestone to provide proper drainage. The entire road would get an average of 3 inches of limestone. They would replace the right drainage ditch, grade a crown in the center and the water would flow to the ditches on the sides. Mr. Litz stated they have collected funds to improve the road in these ways, but the changes would still not bring the road to a Class B standard. He mentioned that the road varies throughout the development.

Administrator Spencer stated in 1992 the ZBA ruled that the road needed to be improved to 15 feet to serve two parcels (031 and 036), M and N.

Administrator Spencer stated that Joe Bloch has an easement south to Bemis Road. He has expressed interest in connecting the road to Bloch Drive (another private road off of Bemis).

Paul Chandler, a long time homeowner in the area, asked if the easement would need the approval of the homeowners.

Administrator Spencer said that he does not believe Mr. Bloch needed the homeowners' permission, but he suggested checking with their attorney.

1. Chandler claimed that, based on his 17 years of experience living in the vicinity, the community should come together to maintain the road. He has no issue with Mr. Kandah's request.

Administrator Spencer clarified that there are two different groups involved: the Timberview Subdivision Association and the road maintenance agreement group. Residents who own property along South Green Hills Drive adhere only to the road maintenance agreement.

Member Grosshans voiced his concern that an emergency vehicle might get stuck, due to the conditions of the road, if there is no action to improve it.

1. Chandler stated that in the past 17 years, he has not known of the garbage trucks to have any problems in using the road. He also mentioned that his mailbox was moved from the edge of the subdivision to his individual house, and that the US Postal Service agreed to travel down the road to deliver the mail permanently.

Brad Olerback, who also lives on South Green Hills Drive, said he feels the variance should be granted and there was a fire truck recently in the area.

Member Grosshans said that there is a point where the road needs to be cleaned up.

1. Olerback mentioned that funds will continue to be collected for the maintenance of the road.

Administrator Spencer offered to answer questions if members would like more research or information. He could not say this is an unsafe road, since there is not enough information. He added that mailboxes end at the tee in the road, at which point the road becomes less substantial.

Member Grosshans asked if it was possible to have a fire safety official provide a recommendation.

Administrator Spencer replied that this was a possibility. Member Grosshans asked if there were any Township funds available for road maintenance.

Administrator Spencer responded that funds were not available for private roads.

Member Grosshans asked if Greenhills Drive is a private road.

Administrator Spencer replied that Greenhills Drive is a private dirt road in a platted subdivision, and was built before the private road standards changed in the Ordinance. He asked Mr. Litz if he had a cost estimate from Atwell-Hicks for the construction of a 24 foot wide traveled road.

1. Litz said he had an estimate from contractors for about $8,000, not going beyond the tee intersection.

Administrator Spencer said Lot M was covered under the variance that was previously granted, but Lot N was not. He stated there is a lot of sand and gravel in the area and suggested that an adequate base for the road may be created just by compacting the existing soil.

1. Litz said that having a special assessment would be a lengthy process and should be taken up with the landowners. He stated that some people have expressed an interest in paving the roads in the subdivision and some who have already paid would not want to contribute for any road outside of the subdivision.

Administrator Spencer said there could be one special assessment district for the area in the subdivision, and one for the area outside of it. He added that a benefit to having the special assessment district is that it would be put on the tax roll. He stated that there is a possibility of selling bonds for the special assessment district. The engineering costs would be borne by the development. He also said approval for a building permit could be granted upon formation of a district.

1. Litz asked how he would be able to arrange for a special assessment district.

Administrator Spencer said they could write a letter to the Board requesting information regarding this.

Mark McChesny, who lives on Greenhills Drive, asked whether Greenhills Drive would be included in this special assessment district.

Administrator Spencer replied that you could have two districts or a prorated cost district, with one district paying more than the other district, based on the quality of the road.

1. McChesny stated he would support Greenhills Drive being improved to a Class A Road. He thought most others would also agree.

Administrator Spencer suggested having a preliminary meeting with elected officials and then subsequently having a neighborhood meeting. As said in the case of sidewalks and roads, individual cost could be based on road frontage or another equitable mechanism, such as the area of land.

1. Chandler feels the best regulation is self regulation, and the homeowners have shown a long history of self regulation. He stressed that the current matter is whether to issue a building permit to Mr. Kandah, not whether to pave the road in the subdivision.

Chairperson Naik said this is a complicated issue and there has been a history with a variance being given by the Township.

1. Chandler said that there are only six cars that go down this private road, past Mr. Kandah's property.

Member Grosshans brought up the property to the south that has not yet been developed. He posited that if a large subdivision is developed on that vacant land, there would only be a 12 foot road to handle the traffic, and recommended looking at long term ramifications.

Member Resha stated if South Greenhill Drive was 24 feet all the way down, there would be no issue.

Administrator Spencer said that the property to the south would need to have a private road built to township standards. The property south of lot N would not have access to this road unless it is built to class A standards. He said that a paved road would have to go in to connect the parcels. He added that, by today’s standards, the Washtenaw County Road Commission would not approve it because the cul-de-sac is too long. ` Mr. Litz said creating a 24 foot road is more realistic than constructing a Class B road.

Administrator Spencer said the association currently has $24,000 and in order to make the road 24 feet wide it would cost another estimated $8,000. He asked Mr. Kandah if he would be willing to loan the association the funds to improve the road. He mentioned that the Board could grant a variance for a lesser standard and stated what that standard is.

Member Grosshans asked how they can accept a 24 foot road without it being a class ? road. Administrator Spencer replied that, yes, this should be a paved road according to the Ordinance. A class B road would require a variance.

Member Grosshans questioned why Green Hills would need to be paved when Warner is still gravel.

Member Resha asked whether Mr. Kandah would be able to work with the residents to get the road paved.

1. Kandah stated he would prefer to have the variance considered without making these changes, and did not see the reason for improvements.

Member Grosshans said that Green Hills and the northern part of South Green Hills are 26 and a half feet wide. He suggested that, for fire and safety reasons, the section of the road in question should at least conform to the rest of Green Hills Drive.

1. Kandah did not think that it would be sufficient for him to put in 8K.

Administrator Spencer suggested that Mr. Litz contact Atwell-Hicks and determine to what level this road could be upgraded. He also suggested that Mr. Litz find out if the homeowners association could raise $10,000 for this purpose, and if they would be interested in an improvement project.

1. Litz confirmed that this is for a 24 foot, unpaved road and said that they could not go any further then the tee section at the turnaround.

Member Grosshans said he would like to see room for a fire engine to turn at the tee.

Administrator Spencer said that, for a fire truck to turn around, there would have to be 35 feet on either side of the tee.

Chairperson Naik proposed tabling the issue. This would give, all the parties involved, time to work on plans and also allow the absent ZBA members to be involved.

Member Resha motioned to table the issue until they are able to work out a road plan for the area down to the tee and all five members would be available to preside. Member Grosshans supported this motion.

Administrator Spencer asked the chairman if he intends them to bring back a road design to act on as a variance. The chairman said yes.

Member Resha withdrew his motion.

Administrator Spencer said that below the tee, Lot M has a variance that was previously granted in 1992, and that Lot N does not have a variance at this point.

Chairperson Naik asked Mr. Kandah to work with the township to resolve the issue. Member Stagg asked them to return with a proposal for improvements.

Motion by Member Stagg to postpone ZBA 03-07 and have the applicant return at the next meeting, supported by Member Grosshans.

ROLL CALL VOTE:

Yes: Resha, Grosshans, Stagg and Naik

No: None

Absent: Brostrom

MOTION CARRIED (postponed)

Member Resha motioned approval of the variance effective Jan 1 2004 if the road is completed.

Administrator Spencer made a point of order that this item was tabled.

Member Resha withdrew the motion.

7.0 Zoning Administrator’s Report

The members discussed and said the next meeting could be on Monday, October 13.

8.0 Member's Report

None.

1. Secretary’s Report

   Referencing the July 28, 2003 minutes, Secretary Stagg and the Board discussed changing "Zoning administrator Spencer stated he was not able to find any records indicating the State Street facility was previously approved and a violation letter was sent," to "…the State Street facility use was previously approved. A violation letter was sent."

10.0 Chairperson’s Report

11.0 Approval of Prior Minutes

11.1 Minutes of July 28, 2003

Members agreed to postpone the minutes of July 28, 2003 until next meeting.

Member Resha said that they can allow a lower class of road, but asked what class would be permissible.

Administrator Spencer replied that the road needs to be made safer.

Member Grosshans said he would like to see the rest of the road be the same as the north part. He added that the 8.5-foot road approved in 1992 is a driveway, since it serves one lot. Administrator Spencer corrected him, saying that this road services two lots.

Member Resha said that the problem was with the previous administration, which did not pay attention to what the ordinance said.

Member Grosshans said their approach was that, even though the ordinance changed, they would still allow access to the existing road for the lots that were there.

Member Resha claimed that permits were pulled over the last few years, and was frustrated that the Board is considering not granting one to Mr. Kandah.

Administrator Spencer said the only action you can control with the design of the road is the building permit.

12.0 Adjournment

Motion by Commissioner Resha, supported by Member Grosshans, to adjourn the meeting.

Motion Carried

Chairperson Naik adjourned the meeting at 8:20 p. m.

______________________________________________________________________________ s/Alayna Stagg, Secretary October 13, 2003